Patna High Court
Ghanshyam Kumar Singh,versusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The court held that the Zila Parishad must redress the petitioners' grievances and commence payment of the entitled benefits within three months, failing which it would be in contempt.
Summary
Eight retired employees of Zila Parishad, West Champaran, Bettiah filed a writ petition seeking arrears of ACP/MACP benefits and the 7th Pay Revision. The Zila Parishad admitted the claims and indicated that a Seven‑Men Committee would calculate the dues, promising settlement within three months. The High Court directed the Zila Parishad, through its executive officers, to commence payment of the arrears within three months of the order, warning of contempt for non‑compliance, and allowed an extension if necessary via a motion. The petitioners were thus entitled to the post‑retirement benefits claimed. The court disposed of the writ petition with these directions.
Issues considered
- Whether retired employees of a Zila Parishad are entitled to ACP/MACP benefits and the 7th Pay Revision.
- Whether the Zila Parishad is obligated to pay arrears to retired employees and can be held in contempt for non‑payment.
- Whether the court can direct a specific timeline for payment and allow extensions via motion.
Subjects
- ACP
- MACP
- 7th Pay Revision
- post‑retirement benefit
- writ petition
- contempt
- Zila Parishad
- civil writ jurisdiction
- payment of arrears
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2273 of 2022
======================================================
1. Ghanshyam Kumar Singh, S/o Bachha Prasad Singh, Resident of Village-
Lalgarh Yogia, P.S.-Shyampur Bhataha, District-Sheohar.
2. Narayan Rao, S/o Late Satya Narayan Ray, Resident of Sagar Pokhra, P.O.
and P.S.-Bettiah, District West Champaran, Bettiah.
3. Anil Kumar Diwedi, S/o Late Surendranath Diwedi, Resident of Village-
Bheriharwa, P.S. Salhi, District West Champaran, Bettiah.
4. Ravindranath Paul, S/o Late Girishchandra Paul, Resident of Village-
Uttarwari Pokhra Dwar, P.O.-Devi Chak, P.S.-Bettiah, District West
Champaran, Bettiah.
5. Jawaharlal Dubey, S/o Late Ekbal Dubey, Resident of Village-Baykat
Puraina, P.S.-Chanpatia, District West Champaran, Bettiah.
6. Sheo Kumar Dubey, S/o Late Chandrika dubey, Resident of Village-
Ramnagar, P.S. Ramnagar, District West Champaran, Bettiah.
7. Nurul Hoda, S/o Late Emamul Hasan, Resident of Village-Kandhuwalia,
P.S. Lauria, District West Champaran, Bettiah.
8. Vishwanath Prasad Yadav, S/o Late Jungi Yadav, Resident of Village-
Binwalia, P.S. Mahuwa, District West Champaran, Bettiah.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Principal Secretary, Panchayati Raj Department, Govt. of Bihar, Patna.
3. The Director, Panchayati Raj Department, Government of Bihar, Patna.
4. The Zila Parishad, West Champaran, Bettiah through its Executive Officer-
cum-Deputy Development Commissioner, Zila Parishad, West Champaran,
Bettiah.
5. The Executive Officer-cum-Deputy Development Commissioner, Zila
Parishad, West Champaran, Bettiah.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sia Ram Sahi, Sr. Advocate
Mr. Abhishek Raj Kashyap, Advocate
For the State : Mr. Kumar Alok (SC- 7)
For the Zila Parishad : Mr. Prince Kumar Mishra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 07-01-2026 Heard learned counsel for the petitioners, learned
counsel for the State and learned counsel for the Zila Parishad.
Patna High Court CWJC No.2273 of 2022(3) dt.07-01-2026
2/4
2. Learned counsel for the petitioners submits that the
present writ petition has been filed for the following reliefs:-
“(i) For issuance of an
appropriate writ commanding the
respondent nos. 4 and 5 to pay the benefit of
ACP/MACP with the respective due dates
and the benefit of 7th pay revision to the
petitioners who are retired employees of Zila
Parishad, West Champaran, Bettiah.
(ii) For issuance of an appropriate
writ commanding the respondents to revised
the amount of Post Retirement Benefit
accordingly after giving the benefit of
ACP/MACP and 7th Pay Revision.
(iii) For any other relief or reliefs
for which the petitioners are entitled under
law as well as on the facts of the case.”
3. Counsel further submits that a counter affidavit has
been filed by the Zila Parishad, West Champaran, Bettiah
wherein the claims of the petitioners have been admitted. It is
stated that the Zila Parishad is ready to redress the grievances of
the petitioners and has already intimated that steps toward the
payment of arrears relating to ACP/MACP from the due date, as
well as for grant of the 7th Pay Revision, of the petitioner.
4. Counsel for the appellants further submits that the
Patna High Court CWJC No.2273 of 2022(3) dt.07-01-2026
3/4
Zila Parishad is paying these benefits to the employees presently
in service from time to time but the same benefits are not being
paid to retired employees, despite their entitlement.
5. Learned counsel for the Zila Parishad, on the other
hand, submits that it has been categorically stated in the
pleadings, particularly in paragraph 6 of the counter affidavit
filed by the Zila Parishad, dated 08.07.2024, that a Seven-Men
Committee has been constituted for calculation of arrears
relating to ACP/MACP from the due date, as well as for grant of
the 7th Pay Revision and other issues of the employees of Zila
Parishad, West Champaran, Bettiah, which has to submit its
report within 30 days. Learned counsel admits that the
grievances of the petitioners shall be settled within a period of
three months from today.
6. In this background, this Court hereby directs the
Zila Parishad, West Champaran, Bettiah, through its Executive
Officer-cum-Deputy Development Commissioner, Zila
Parishad, West Champaran, Bettiah and the Executive Officer-
cum-Deputy Development Commissioner, Zila Parishad, West
Champaran, Bettiah (Respondent Nos. 4 and 5), to redress the
grievances of the petitioners within a period of three months
from the date of production of a copy of this order, as accepted
Patna High Court CWJC No.2273 of 2022(3) dt.07-01-2026
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by learned counsel for the Zila Parishad.
7. It is made clear that payment to the petitioners shall
be started within a period of three months from the date of
production of a copy of this order. In case payment is not started
within the said period then Respondent Nos. 4 and 5 shall be
under contempt.
8. It is also made clear that after the start of the
payment, if there is any difficulty in making full and final
payment, liberty is hereby granted to Respondent Nos. 4 and 5
to seek appropriate extension of time from this Court, by way of
filing M.J.C.
9. With the aforesaid directions and observations, the
present writ petition stands disposed off.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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